TANAJI JAMDADE (LAWYER) 23 June 2024
Sir, my querry as regards sister filed suit for partition suit at civil court. The original title belongs to Government. The property originally vested to father of plaintiff and defendants. After the death of father propert as house property succeed to son. Sister filed suit for partition and possession. Whether suit maintainable for partition against brother?
What effects of the suit?
T. Kalaiselvan, Advocate (Advocate) 23 June 2024
If the father is reported to have died intestate, then the property left behind by him upon his death shall devolve on his legal heirs and the proportion of share to the legal heirs will depend on the personal law to which the deceased belonged.
kavksatyanarayana (subregistrar/supdt.(retired)) 23 June 2024
The title belongs to the Government means, is the property sanctioned by the government?
Dr. J C Vashista (Advocate ) 24 June 2024
Facts posted are vague and confusing as to whether the subject house is on lease & licence, allotted or any other mode of occupation by deceased father ?
However, it implies that the title (ownership) of the house is with government ,which cannot be partitioned without prior permission of authorities concerned.
P. Venu (Advocate) 28 June 2024
What do you mean by "The original title belongs to Government"?
If it is Government property, how is it that the "The property originally vested to father of plaintiff and defendants"?
Please post the complete facts.
TANAJI JAMDADE (LAWYER) 28 June 2024
Into the property card extract, the remark of the property is Inam and allotted to father as Inam property.
P. Venu (Advocate) 28 June 2024
Alienated tenures have long been abolished. Presently, is the property assessed for land revenue?
T. Kalaiselvan, Advocate (Advocate) 28 June 2024
Your sister is entitled for a share in the property as a right.
Dr. J C Vashista (Advocate ) 29 June 2024
Yes, she is entitled for a share.
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